Naturalization for the Disabled
Prior to May 1998

Effective from March 19, 1997, pursuant to new regulations, the INS may grant an exception from the test for English proficiency and government knowledge requirements for those persons with physical or developmental disabilities or mental impairments.

These new regulations do not affect the exemption which had been granted in earlier law from the English requirement for those over fifty (50) years of age who have been living in the U.S. for at least twenty (20) years, or anyone who is at least fifty-five (55) years of age and had been living in the U.S. for at least fifteen (15) years.

Please keep in mind that the waiver of the English language and political government knowledge requirements in no way changes the requirement that the applicant should provide a meaningful oath of allegiance to the U.S.

A person who is eligible in this criteria has to obtain a medical certification. However, the certification does not have to be from the list of doctors provided by the INS for the Green Card process. If a person is found to have a disability by the Social Security Administration, that does not automatically qualify the person for the exemption for a naturalization or citizenship test.

A person may apply for a waiver from these rules by filing the new Form N-648 with the N-400 for citizenship. The INS will have the forms available in April 1997. Forms can be obtained by contacting the INS Forms Center at 1-800-870-FORM.

Those who had filed earlier naturalization petitions which had been denied, are now allowed to file under the new regulations. However, all such people will be processed in the order in which their application is received by the INS and not according to the earlier filed petition which has been denied.

Although there is an exception in an "emergency" case, INS officers do not believe that the loss of medical or financial benefits under the Welfare Reform Bill constitutes an emergency. Definitions of who may or may not qualify are mentioned in the regulations and the ultimate decision is generally up to the discretion of the immigration officer at the interview, based on documents and the medical record and history provided by the physician. The INS has the right to request a second opinion, though the regulations provide that, there must be a legitimate basis for this and approval from the supervisor.

This new provision had been fought for long and hard by immigrant rights advocates and those who believed that the developmentally or mentally disabled should not be penalized from medical benefits.